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MATTER OF THOMAS

38 Misc.2d 48 (1962)

In the Matter of The Estate of George Thomas, Deceased.

Surrogate's Court, New York County.

November 27, 1962

Attorney(s) appearing for the Case

Louis Brown for Joseph Timbanard, as administrator c.t.a., petitioner. Alan M. Fenner for Armenian General Benevolent Union of America, respondent. Joseph S. Catalono for Armenian Sanitorium, respondent. Joseph T. Arenson for Thomas I. Fitzgerald, as Public Administrator of the County of New York, respondent. Louis J. Lefkowitz, Attorney-General (P. Hodges Combier of counsel), for ultimate charitable beneficiaries, respondent.

JOSEPH A. COX, S.

In this proceeding petitioner seeks construction of the First and Second paragraphs of decedent's will dated December 12, 1941. Paragraph First provides: "I give and bequeath to the Armenian Lebanon Sanitorium in Libya, if such institution can be located by my executor hereinafter named, the sum of one thousand ($1000) dollars, it being understood, however, that if the said institution has been destroyed as a result of the present war...

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